[Federal Register Volume 63, Number 132 (Friday, July 10, 1998)]
[Rules and Regulations]
[Pages 37255-37258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18420]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH 114-1a; FRL-6123-1]


Approval and Promulgation of Maintenance Plan Revisions; Ohio

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The United States Environmental Protection Agency (EPA) is 
approving through ``direct final'' procedure, a March 13, 1998, request 
from Ohio, for a State Implementation Plan (SIP) maintenance plan 
revision for the Columbus ozone maintenance area (Franklin, Delaware 
and Licking Counties). The maintenance plan revision establishes a new 
maintenance year of 2010 for the area and a new transportation 
conformity mobile source emissions budget for the year 2010. The 2010 
emissions budget projections incorporate future emission reductions 
from area and point sources. The newly established 2010 emissions 
projections determine the area's safety margins for Oxides of Nitrogen 
(NO<INF>X</INF>) and Volatile Organic Compounds (VOCs). Also being 
approved is the State's request that a portion of the safety margins be 
allocated to the area's 2010 mobile source emissions budget for 
transportation conformity purposes. The area's safety margin is defined 
as the difference between the attainment inventory level (the Columbus 
area's attainment inventory year is 1990) of the total emissions and 
the projected levels of the total emissions in the final year of the 
maintenance plan (as established for Columbus in this rule to be 2010).

DATES: This direct final rule is effective on September 8, 1998, unless 
EPA receives relevant adverse or critical written comments by August 
10, 1998. If adverse comment is received, the EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect. Any parties interested 
in commenting on this action should do so at this time. If no such 
comments are received, the public is informed that

[[Page 37256]]

this action will take effect on September 8, 1998.

ADDRESSES: Copies of the documents relevant to this action are 
available for inspection during normal business hours at the following 
location: Regulation Development Section, Air Programs Branch, (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604.
    Please contact Scott Hamilton at (312) 353-4775 before visiting the 
Region 5 office.
    Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch, (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois, 60604.

FOR FURTHER INFORMATION CONTACT: Scott Hamilton, Environmental 
Scientist, Regulation Development Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-4775.

SUPPLEMENTARY INFORMATION:

I. Background

    The Clean Air Act, in section 176(c), requires conformity of 
activities to an implementation plan's purpose of attaining and 
maintaining the National Ambient Air Quality Standards. On November 24, 
1993, EPA promulgated a final rule establishing criteria and procedures 
for determining conformity of transportation plans, programs and 
projects funded or approved under Title 23 U.S.C. of the Federal 
Transit Act. The State of Ohio finalized and adopted State 
transportation conformity rules on August 1, 1995, the rules became 
effective August 21, 1995, and Ohio submitted the rules as a SIP 
revision request on August 17, 1995. The rules were approved by EPA on 
July 15, 1996 (61 FR 24702).
    The transportation conformity rules require, among other things, a 
comparison to the mobile source emissions budget established by a 
control strategy SIP. A control strategy SIP is defined by the 
conformity rules to be a maintenance plan, an attainment demonstration, 
or a rate of progress plan. The Columbus area is an attainment area 
with an approved maintenance plan. The EPA approval of the maintenance 
plan established the mobile source emissions budget for transportation 
conformity purposes.
    The emissions budget concept is explained in the preamble to the 
November 24, 1993, transportation conformity rule (58 FR 62188). The 
preamble also describes how to establish the mobile source emissions 
budget in the SIP and how to revise the emissions budget. The State 
transportation conformity rule at 3745-101-16 of the Ohio 
Administrative Code allows the mobile source emissions budget to be 
changed as long as the total level of emissions from all sources remain 
below the milestone level. In the case of a maintenance plan the 
milestone level is the attainment level established in the maintenance 
plan.
    The maintenance plan is designed to provide for future growth while 
still maintaining the ozone air quality standard. Growth in industries, 
population and traffic is offset with reductions from cleaner cars and 
other emissions reduction programs. Through the maintenance plan the 
State and local agencies can manage and maintain air quality while 
providing for growth.

II. Evaluation of the State Submittal

    On March 13, 1998, Ohio submitted to EPA a SIP revision request for 
the Columbus maintenance area. A public hearing on this proposal was 
held on April 15, 1998. Documentation on the public hearing was 
submitted on May 14, 1998 to complete the SIP revision request.
    In the submittal Ohio requested to establish a new maintenance year 
of 2010, and new 2010 mobile source emissions budget for transportation 
conformity for the Columbus, Ohio maintenance area.

A. 2010 Budget Projections for Point and Area Sources

    The 2010 emissions projections for point and area sources were 
developed by multiplying the individual 1990-2010 population growth 
factors for each county in the area by the individual county 1990 
baseline inventory. The population growth factors used in the point and 
area source projections were derived from census population forecasts 
from Ohio's Data Users Center. The projected emissions for each county 
were then added together to arrive at the total projected emissions for 
the point and area source sectors for the year 2010.

B. NO<INF>X</INF> Point and Area Source Emission Changes for the 2010 
Budget

    In developing the area's 2010 emissions projections for 
NO<INF>X</INF>, the state took credit for reductions from the point and 
area source sectors. Projected NO<INF>X</INF> reductions in point 
sources were obtained from the shutdown of the Columbus Trashburning 
Power Plant (3.04 tons/day NO<INF>X</INF>) and the installation of a 
pure oxygen combustion system at Techniglass Inc. (1.43 tons/day 
NO<INF>X</INF>). These point sources were included in Ohio's point 
source emissions inventory that was submitted to EPA. The point source 
NO<INF>X</INF> emission reductions were subtracted from the total 
projected 2010 point source emission tonnage.
    Projected reductions in area sources were obtained by considering 
the new federal ``Emission Standards for Locomotives and Locomotive 
Engines; Final Rule'' (63 FR 18977; April 16, 1998) for new and 
remanufactured diesel-powered locomotives. The federal locomotive 
standards are expected to achieve a 41% reduction in NO<INF>X</INF> by 
the year 2010. To be on the conservative side, Ohio calculated its' 
projected NO<INF>X</INF> reductions from locomotives assuming 20% 
NO<INF>X</INF> reductions by 2010 instead of 41% for the 2010 budget 
(total reduction of 16.07 tons/day NO<INF>X</INF> from area sources). 
The 16.07 tons/day NO<INF>X</INF> reduction was subtracted from the 
total projected 2010 area source emission tonnage.
    The 2010 emission projections reflect the point and area source 
reductions and are illustrated in Table 1.

          Table 1.--NO<INF>X and VOC Emissions Budget; and Safety Margin Determinations, Columbus (tons/day)         
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                       Source category                            1990         1996         2005         2010   
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                                                  VOC Emissions                                                 
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Point.......................................................        16.44        17.52        19.33        20.27
Mobile (on-road)............................................        94.73        63.36        61.38        61.72
Area........................................................       101.18       107.47       117.30       123.94
                                                             ---------------------------------------------------
      Totals................................................       212.35       188.35       198.01      205.93 

[[Page 37257]]

                                                                                                                
Safety Margin = 1990 total emissions--2010 total emissions = 6.42 tons/day VOC                                  
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                                                  NO<INF>X Emissions                                                 
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Point.......................................................        13.79        14.35        15.27        12.17
Mobile (on-road)............................................        78.65        68.85        61.24        61.08
Area........................................................        96.68       102.62       111.82       101.99
                                                             ---------------------------------------------------
      Totals................................................       189.12       185.82       188.33      175.24 
Safety Margin = 1990 total emissions -2010 total emissions = 13.88 tons/day NO<INF>X                                 
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C. Safety Margin Allocations and 2010 Mobile Source Emissions Budget

    In the submittal Ohio requested to allocate to the mobile source 
emissions budget part of the area's safety margin. The Columbus area's 
safety margin is the difference between the 1990 attainment inventory 
year and the 2010 projected emissions inventory (6.42 tons/day VOC 
safety margin, and 13.88 tons/day NO<INF>X</INF> safety margin) as 
shown in Table 1. The SIP revision requests the allocation of 6.27 
tons/day VOC, and 9.91 tons/day NO<INF>X</INF>, into the area's mobile 
source emissions budget from the safety margin. The 2010 mobile source 
emissions budget showing the safety margin allocations are outlined in 
Table 2. The mobile source emissions budget in Table 2 will be used for 
transportation conformity purposes.

      Table 2.--Allocation of Safety Margin to the 2010 Mobile Source Emissions Budget, Columbus (tons/day)     
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                       Source category                            1990         1996         2005         2010   
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                                                  VOC Emissions                                                 
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Point.......................................................        16.44        17.52        19.33        20.27
Mobile (on-road)............................................        94.73        63.36        61.38        67.99
Area........................................................       101.18       107.47       117.30       123.94
                                                             ---------------------------------------------------
      Totals................................................       212.35       188.35       198.01      212.20 
Remaining Safety Margin = 1990 total emissions -2010 total emissions = 0.15 tons/day VOC                        
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                                                  NO<INF>X Emissions                                                 
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Point.......................................................        13.79        14.35        15.27        12.17
Mobile (on-road)............................................        78.65        68.85        61.24        70.99
Area........................................................        96.68       102.62       111.82       101.99
                                                             ---------------------------------------------------
      Totals................................................       189.12       185.82       188.33      185.15 
Remaining Safety Margin = 1990 total emissions -2010 total emissions = 3.97 tons/day NO<INF>X                        
----------------------------------------------------------------------------------------------------------------

    Table 2 illustrates that the requested portion of the safety 
margins can be allocated to the 2010 mobile source budget and still 
remain at or below the 1990 attainment level of total emissions for the 
Columbus maintenance area. This allocation is allowed by the conformity 
rule since the area would still be at or below the 1990 attainment 
level for the total emissions.

III. EPA Action

    After review of the SIP revision request, EPA finds that the 
requested allocation of the safety margin for the Columbus area is 
approvable since the approval of the new mobile source emissions 
budgets for NO<INF>X</INF> and VOCs illustrates that the total 
emissions for the area will be at or below the attainment year 
inventory level as required by the transportation conformity 
regulations. Therefore, EPA is approving the requested allocation of 
the safety margin to the mobile source budget for the Columbus area.
    The EPA is publishing this action without prior proposal because 
EPA views this as a noncontroversial revision and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should specified written adverse or critical comments be filed. This 
action will become effective without further notice unless the Agency 
receives relevant adverse written comments within 30 days from the date 
of publication, as indicated above. Should the Agency receive such 
comments, it will publish a final rule informing the public that this 
action did not take effect. Any parties interested in commenting on 
this action should do so at this time.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

B. Executive Order 13045

    The Final rule is not subject to Executive Order 13045, titled 
``Protection of Children from Environmental Health Risks and Safety 
Risks,'' because it is not an ``economically significant'' action under 
Executive Order 12866.

C. Future Requests

    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental

[[Page 37258]]

factors and in relation to relevant statutory and regulatory 
requirements.

D. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of a flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

E. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, EPA must undertake various actions 
in association with any proposed or final rule that includes a Federal 
mandate that may result in estimated costs to state, local, or tribal 
governments in the aggregate; or to the private sector, of $100 million 
or more. This Federal action approves pre-existing requirements under 
state or local law, and imposes no new requirements. Accordingly, no 
additional costs to state, local, or tribal governments, or the private 
sector, result from this action.

F. Audit Privilege and Immunity Law

    Nothing in this action should be construed as making any 
determination or expressing any position regarding Ohio's audit 
privilege and immunity law (sections 3745.70--3745.73 of the Ohio 
Revised Code ). EPA will be reviewing the effect of the Ohio audit 
privilege and immunity law on various Ohio environmental programs, 
including those under the Clean Air Act, and taking appropriate 
action(s), if any, after thorough analysis and opportunity for Ohio to 
state and explain its views and positions on the issues raised by the 
law. The action taken herein does not express or imply any viewpoint on 
the question of whether there are legal deficiencies in this or any 
Ohio Clean Air Act program resulting from the effect of the audit 
privilege and immunity law. As a consequence of the review process, the 
regulations subject to the action taken herein may be disapproved, 
federal approval for the Clean Air Act program under which they are 
implemented may be withdrawn, or other appropriate action may be taken, 
as necessary.

G. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 8, 1998. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2)).

V. List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, Nitrogen oxides, Transportation 
conformity.

    Dated: July 1, 1998.
David A. Ullrich,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart KK--Ohio

    2. Section 52.1885 is amended by adding paragraph (a)(9) to read as 
follows:


Sec. 52.1885  Control Strategy: Ozone

    (a) * * *
    (9) Approval--On March 13, 1998, Ohio submitted a revision to the 
maintenance plan for the Columbus area. The revision consists of 
establishing a new out year for the area's emissions budget. The new 
out year emissions projections include reductions from point and area 
sources; the revision also defines new safety margins according to the 
difference between the areas 1990 baseline inventory and the out year 
projection. Additionally, the revision consists of allocating a portion 
of the Columbus area's safety margins to the transportation conformity 
mobile source emissions budget. The mobile source budgets for 
transportation conformity purposes for the Columbus area are now: 67.99 
tons per day of volatile organic compound emissions for the year 2010 
and 70.99 tons per day of oxides of nitrogen emissions for the year 
2010.

[FR Doc. 98-18420 Filed 7-9-98; 8:45 am]
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